The High Court has mandated that public universities and other tertiary institutions must admit and provide learning opportunities to students, irrespective of their ability to pay fees under the newly introduced Higher Education Funding Model. This order, issued by Justice Bahati Mwamuye, comes as a significant intervention in response to concerns raised by the Consumer Federation of Kenya (Cofek) and the Elimika Mashinani Trust.
The ruling was prompted by urgent petitions filed by Cofek and Elimika Mashinani Trust, who argued that the new funding model, introduced by President William Ruto on May 3, 2023, is discriminatory and negatively impacts students from economically disadvantaged backgrounds. The court’s decision addresses the immediate challenge faced by students who were at risk of being denied access to higher education due to their inability to meet the financial requirements stipulated by the new funding structure.
Overview of the New Funding Model
President Ruto’s funding model was designed with the intent to improve accessibility to higher education for students from extremely poor backgrounds. The model categorizes students into five bands using eight variables, including parental background, gender, course type, marginalization, disability, family size, and composition. The system aims to ensure that students from vulnerable and needy families have equal opportunities for university education.
Under this model, learners from the most disadvantaged families are eligible for government scholarships covering up to 53% of their university education costs, with additional loans covering up to 40%. Parents are required to contribute only 7% of the total cost. For students joining Technical and Vocational Education and Training (TVET) institutions, the model provides government scholarships of up to 50% and loans up to 30%, with households contributing 20% of the total cost.
Court’s Ruling and Immediate Impact
Justice Mwamuye’s ruling stipulates that all public universities and tertiary institutions are prohibited from refusing admission or access to learning facilities based on fee non-payment. The court has directed that students who are unable to fully meet the financial requirements under the new model should not be denied access to education.
This order addresses the concerns that the new model might inadvertently exclude students from poorer backgrounds, potentially contravening existing laws designed to ensure equal access to education. The petitioners argued that the funding model’s requirements could prevent many students from pursuing higher education, thereby exacerbating educational inequalities.
Procedural Aspects and Next Steps
The court has set deadlines for the case’s procedural aspects. Petitioners are required to serve the respondents and interested parties with the court’s application and order by August 25. The respondents must file their responses by September 6. The case will be mentioned again on September 18 to confirm compliance with the court’s directions and to assess the progress of the case.
The ruling comes at a crucial time, with the admission window for public universities scheduled to open on August 26 and close on September 6. The court’s decision ensures that students will not face barriers to admission due to financial constraints during this period.
Reactions and Implications
The ruling has been met with mixed reactions. Supporters of the new funding model argue that it is a step toward greater inclusivity and support for vulnerable students. However, critics highlight that the model’s implementation has faced significant challenges and that the court’s intervention might be necessary to address unforeseen issues.
Overall, the High Court’s decision underscores the ongoing tension between policy implementation and practical access to education. It highlights the need for continuous evaluation of educational funding models to ensure they meet their intended goals without excluding those most in need.
As the case progresses, it will be important to monitor how the new funding model evolves and whether further adjustments will be necessary to address the diverse needs of Kenya’s student population.
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